Tenant Didn't Submit Income Certification Form on Time

Landlord applied to the DHCR for high-rent/high-income deregulation of tenant's apartment after tenant didn't return to landlord the preliminary income certification form in early 1994. The DRA sent tenant notice of landlord's application and again asked for income certification. Tenant never responded. The DRA ruled for landlord, and tenant appealed. Tenant claimed that his household income was below the threshold for deregulation. The DHCR ruled against tenant because he hadn't answered the notice of deregulation application within 60 days. Tenant appealed to the court, claiming that the DHCR's decision was arbitrary and unreasonable. Tenant claimed he mistakenly sent his response to the DHCR's notice to landlord instead of the DHCR. Landlord denied this. Tenant also claimed that he was clinically depressed, and that his wife was away during the period when he should have returned the form. The court ruled against tenant. The rent stabilization law requires strict compliance with the 60-day time limit to respond to notice of landlord's high-rent/high-income deregulation application. Tenant didn't present a valid excuse for not responding to landlord's application.

Sudarsky v. DHCR: NYLJ, p. 27, col. 1 (3/1/99) (App. Div. 1 Dept.; Rosenberger, JP, Nardelli, Williams, Rubin, JJ)